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Apr 16, 2026

Australian Federal Court Issues Warning on AI Use in Legal Proceedings

AI Summary
The Australian federal court has issued a warning to the legal profession about the dangers of using generative artificial intelligence in legal proceedings, releasing new rules for its use to prevent errors and misinformation.

The Australian federal court has taken a strong stance on the use of generative artificial intelligence (AI) in legal proceedings, warning lawyers about the potential dangers and issuing new rules for its use. The court's chief justice, Debra Mortimer, emphasized that the presentation of false or inaccurate information to the court is “unacceptable” and can lead to serious consequences.

The warning comes amid a surge in court filings in Australia and globally that have included false citations generated by AI. The court has noted that AI can generate fictitious cases, citations, quotes, and factual errors, which can frustrate the just resolution of proceedings and lead to financial or legal consequences.

Under the new rules, lawyers and solicitors are required to confirm if AI has been used in the preparation of documents and ensure that any legal authorities cited exist and support the proposition made. They must also disclose the use of AI in documents, including where and how it has been used.

Mortimer cautioned that caution should be taken when putting confidential, suppressed, or private information into AI tools, as there may be serious consequences for entering information into generative AI tools, even if sharing that information was not intended.

The court “embraces” the use of technology in proceedings and recognizes that generative AI has the potential to increase efficiency in the conduct of litigation. However, Mortimer stressed that AI “must be used appropriately and with due care” to avoid risks to the proper administration of justice and public confidence in the legal system.

Those who use generative AI in ways that go against the new rules can expect consequences such as adverse costs orders and issues with compliance with legal and professional obligations. There have been at least 73 identified cases in Australia where courts have discovered the use of generative AI had resulted in false citations, made-up quotes, or other errors.